IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.6 OF 2011 (Arising out of Special Leave Petition (C)No.17395/2010)

ABDUL MAJID MIR ... APPELLANT(S)

VERSUS

KAPIL DEV GHAI & ORS. ... RESPONDENT(S)

O R D E R

Leave granted.

Heard learned counsel for the parties. 2. In this case, the possession of the premises has already  

been handed over by the tenant to the landlord.  The short question  

which arises now is regarding the arrears of rent.

3.   Mr.K.V.Viswanathan, learned senior counsel appearing for  

the appellant has drawn our attention to the finding of the Trial  

Court in which it is clearly mentioned that the entire amount of  

rent has been paid to V.K.Ghai, co-owner of the property and brother  

of the respondent no.1 herein. This fact is not controverted by the  

counsel for the respondent.  

4. In the Revision Petition filed by the respondent, the High  

Court, without any discussion, set aside the order of the Trial  

Court  and  the  Revision  Petition   filed  by  the  appellant  was  

dismissed. In our considered view, the impugned judgment cannot be  

sustained.  Consequently, the impugned judgment is set aside. The  

appellant-tenant  has  already  paid  the  entire  outstanding  amount,  

therefore, the appellant cannot be compelled to pay the rent amount  

twice over, so the appellant will have no liability to pay any rent.

: 2 :

5. Since  the  possession  has  already  been  delivered,  no  

further directions are necessary.  

6. The Civil Appeal is, accordingly allowed and disposed of,  

leaving the parties to bear their own costs.  

...................J. (DALVEER BHANDARI)

...................J. (DEEPAK VERMA)

NEW DELHI; 3RD JANUARY, 2011